Maekawa (Migration)

The Administrative Appeals Tribunal considered the application of Maekawa for a Skilled (Provisional) (Class VC) visa. The central dispute concerned whether Maekawa met the requirements of clause 485.231 of Schedule 2 to the Migration Regulations 1994, which pertains to holding a specified qualification awarded by a specified educational institution and satisfying the Australian study requirement.

The Tribunal was required to determine three key issues: first, whether Maekawa held a qualification of a kind specified by the Minister; second, whether that qualification was conferred or awarded by an educational institution specified by the Minister; and third, whether Maekawa's study for that qualification satisfied the Australian study requirement in the six months immediately preceding the visa application. The definition of the Australian study requirement, including its components such as registered courses, duration, academic years, instruction in English, and undertaking study in Australia on an authorised visa, was also relevant.

The Tribunal reasoned that Maekawa's Master of Global Food & Agricultural Business was a specified qualification under LIN 13/013, and it was awarded by the University of Adelaide, which is a specified educational institution under IMMI 13/031. Crucially, the Tribunal found that Maekawa met the Australian study requirement as defined by regulation 1.15F(1), which involves completing registered courses over at least 16 calendar months, comprising at least two academic years of study, with all instruction in English, and undertaken in Australia while holding a study-authorised visa.

Consequently, the Tribunal concluded that Maekawa satisfied clause 485.231. The Tribunal remitted the visa application to the Minister for reconsideration, with a direction that Maekawa meets this specific criterion.